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KICKERTZ v. NEW YORK UNIV.

103462/10, 7753.

110 A.D.3d 268 (2013)

971 N.Y.S.2d 271

2013 NY Slip Op 5781

KATIE KICKERTZ, Appellant, v. NEW YORK UNIVERSITY et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 10, 2013.

Attorney(s) appearing for the Case

Leeds Morelli & Brown, P.C., Carle Place ( Gregory N. Filosa and Jeffrey K. Brown of counsel), for appellant.

Bonnie S. Brier , New York University Office of General Counsel, New York City ( Nancy Kilson of counsel), for respondents.

GONZALEZ, P.J., SAXE, DEGRASSE and GISCHE, JJ., concur.

OPINION OF THE COURT

ANDRIAS, J.

In this appeal, we consider to what extent, if any, plaintiff's claims against New York University (NYU) and three of its faculty members may be brought in a plenary action, rather than a CPLR article 78 proceeding, and to what extent, if any, they survive defendants' motion to dismiss.

NYU dismissed plaintiff from its Dental College, without the possibility of reinstatement...

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